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(영문) 춘천지방법원 2019.07.16 2018구합5954
폐기물처리사업계획서 부적합통보처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Circumstances of the disposition and proceedings thereof;

A. On March 20, 2018, the Plaintiff submitted a waste treatment business plan to the Defendant for waste collection and transportation business.

B. On April 16, 2018, the Defendant issued a non-conformity notification to the Plaintiff on the ground that “The research on calculating the cost of collecting and transporting domestic wastes for the year 2018 is maintaining adequate domestic waste collection and transportation, and there is no currently no expansion plan for domestic waste collection and transportation business.”

(hereinafter “instant disposition”). C.

The Plaintiff filed the instant lawsuit seeking revocation by asserting that the instant disposition was unlawful.

On March 26, 2019, the presiding judge of this court revoked on April 16, 2018, the Defendant notified the Plaintiff of the non-conformity of the waste treatment business plan that was made against the Plaintiff on April 16, 2018.

E. On April 3, 2019, the Plaintiff submitted a letter of acceptance following the recommendation for mediation, and the Defendant also submitted a written consent of mediation recommendation on May 16, 2019, and on the same day, the Plaintiff revoked the instant disposition, and the Plaintiff submitted a waste treatment business plan on the same day.

The notice was given.

[Judgment of the court below] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant lawsuit is lawful (ex officio determination)

(a) If an administrative disposition is revoked, such disposition shall lose its validity, and no longer exists, and a revocation lawsuit against non-existent administrative disposition is unlawful as there is no benefit of lawsuit.

(See Supreme Court Decision 2009Du16879 Decided April 29, 2010, etc.). As seen earlier, the instant disposition was already revoked, and thus, the instant lawsuit seeking revocation is unlawful as there is no benefit of lawsuit.

B. The plaintiff and the plaintiff.

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